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  • #1

    Redundancy run around

    HI all,

    hoping for a bit of help on this one - long story but the short version is that my employer told me that I was at risk of redundancy some months ago. After a bit of dialogue I was offered part time work instead (on part time wages, obviously). The contract for that arrangement started in August.

    I have just been contacted by the company to say that I'm at risk again. They have offered a 7 day consultation period (too short?).

    The thing is, I reckon they simply cut me down to part time a few months ago in order to make it around 50% cheaper to get rid of me now. They'll say it's changes in the market but isn't two months a little quick to change your mind?

    Is there any process that they may have contravened or are they at liberty to do this?

    Thanks in advance for any help you can give.
    Tags: 123, acas, action, advice, applications, arrangement, con, consultation, contract, debt, earnings, employee, employees, employment, equitable, family, free, gold, help, individuals, isa, job, jobs, law, legal, legal action, nice, order, pay, payments, people, phone, questions, rac, redundancies, redundancy, rights, rules, salary, senior, unfair, wages, winter, work
  • #2
    Re: Redundancy run around

    TastyJane is our employment specialist, if she doesn't reply today send her a message.
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

    Comment

    • #3
      Re: Redundancy run around

      Originally posted by Trumpet View Post
      HI all,

      hoping for a bit of help on this one - long story but the short version is that my employer told me that I was at risk of redundancy some months ago. After a bit of dialogue I was offered part time work instead (on part time wages, obviously). The contract for that arrangement started in August.

      I have just been contacted by the company to say that I'm at risk again. They have offered a 7 day consultation period (too short?).

      The thing is, I reckon they simply cut me down to part time a few months ago in order to make it around 50% cheaper to get rid of me now. They'll say it's changes in the market but isn't two months a little quick to change your mind?

      Is there any process that they may have contravened or are they at liberty to do this?

      Thanks in advance for any help you can give.
      Consultancy periods depend on the number of people at risk. Unless its changed, I believe there is a 90 day period only if more than 20 individuals are at risk.

      I would agree that it would seem suspect that you are again at risk in such a short time period.

      While waiting for TastyJane, why not give ACAS a quick ring? - 0300 123 1100
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

      Comment

      • #4
        Re: Redundancy run around

        Sorry to hear about your troubles Trumpet. I am sure someone will be along soon to help. Did you try ACAS? If so, what did they say?
        When Gold isn't enough, there is SA Gold! New to the forum and find the UE route a bit scary? Take a look at my diary here and judge for yourself. I am now saving the money each month that was making little difference to the balance and not a bit of difference to my credit file as a result of finding AAD.


        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

        Comment

        • #5
          Re: Redundancy run around

          Cheers Oscar, SA Gold & Cymruambyth - not had time to ring ACAS yet but will certainly do it tomorrow.

          I've told work that I won't speak to them until I've taken advice, early next week at best. From memory, the norm is 30 days consultation but I don't think it's statutory...

          Comment

          • #6
            Re: Redundancy run around

            ACAS offered generic redundancy advice and advised me to search BAILII for similar circumstances to see if any case law existed.

            I contacted the local law centre who suggested that the company were trying to get rid of me on the cheap - and that it wouldn't be the first time it's happened. They suggested that I try to negotiate with the company to get the settlement figure based on my original earnings, not the reduced figure. If they won't compromise then it may call for legal action.

            Let's hope they just want me out as soon as possible and will pay the difference!

            Thanks for the suggestions.

            Comment

            • #7
              Re: Redundancy run around

              Hi

              Sorry, I've had family staying as we had a wedding on Wednesday and head and house only just clear

              I too smell a rat.... but I will be honest I have never come across a situation where an employee has been manipulated to drop to part time and then re consult for redundancy as little as 2 months later! As you are aware there are well defined rules around redundancy, including redundancy payments and how they are calculated. We would always take current weekly salary for the calculation so would use your current pay but that does seem really unfair - how long were you employed full time?

              With regards to consultation periods, as previously suggested it would depend on the amount of other people in the organisation being made redundant - although if they have made redundancies within the last 6 months both numbers should be added together and if that is over 20 employees then extended consultation will apply.

              If you are happier PMing me the details please feel free to - I should be around a bit more now they've all gone home.

              Jane x

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              • #8
                Re: Redundancy run around

                Trumpet you have a PM

                Jane x

                Comment

                • #9
                  Re: Redundancy run around

                  Got it, thanks. You're an absolute star!

                  Your assistance is much appreciated - I have a call booked with them on Tuesday. I'll let you know how it goes...

                  Comment

                  • #10
                    Re: Redundancy run around

                    Ok, just had a call with the powers that be...

                    Consultation period has "been extended" but nothing definite was mentioned.

                    Had a chance to ask my questions, the answers were a little sketchy but that'll do for now. Just awaiting the formal offer to see how they want to play it!

                    Wish me luck...

                    Comment

                    • #11
                      Re: Redundancy run around

                      Hi Trumpet,
                      Just catching up with some threads. Wishing you the best with this. Any other jobs lined up?
                      Cheers
                      SA
                      When Gold isn't enough, there is SA Gold! New to the forum and find the UE route a bit scary? Take a look at my diary here and judge for yourself. I am now saving the money each month that was making little difference to the balance and not a bit of difference to my credit file as a result of finding AAD.


                      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                      Comment

                      • #12
                        Re: Redundancy run around

                        Wishing you luck too Trumpet
                        "If wishes were horses, beggars would ride"

                        Comment

                        • #13
                          Re: Redundancy run around

                          I went through a similar carryon earlier this year, just keep on them, and make them VERY aware that you know your rights and understand how the redundancy process works. it won't make it nice but it will ensure that you get all that you are due.

                          chin up, we found at then end of an extended consultation period that we couldn't wait to get away....................and we wanted to kick lumps out of HR as they were truly incompetent and simply did as they were told by some senior nitwit whether it was ethical or correct or not HR's job is to protect you, make sure they know that you know that.

                          Comment

                          • #14
                            Re: Redundancy run around

                            Originally posted by SA Gold View Post
                            Hi Trumpet,
                            Just catching up with some threads. Wishing you the best with this. Any other jobs lined up?
                            Cheers
                            SA
                            Cheers SA Gold - multiple applications in but no responses as yet. I hate this new concept of just ignoring applicants who aren't successful...

                            Originally posted by MrsD View Post
                            I went through a similar carryon earlier this year, just keep on them, and make them VERY aware that you know your rights and understand how the redundancy process works. it won't make it nice but it will ensure that you get all that you are due.

                            chin up, we found at then end of an extended consultation period that we couldn't wait to get away....................and we wanted to kick lumps out of HR as they were truly incompetent and simply did as they were told by some senior nitwit whether it was ethical or correct or not HR's job is to protect you, make sure they know that you know that.
                            Thanks Mrs D. I've found some gaping holes in their process so far, I've hinted as such to them and also that I'm expecting a fair and equitable offer. It's not forthcoming yet so I think they're taking me fairly seriously! I'm already feeling like I can't wait to get away and have told them that I don't want to prolong the process at all - just want what's due to me. I think a senior nitwit is driving this process, too.

                            Comment

                            • #15
                              Re: Redundancy run around

                              Originally posted by Trumpet View Post
                              Cheers SA Gold - multiple applications in but no responses as yet. I hate this new concept of just ignoring applicants who aren't successful...
                              Got my fingers crossed for you Trumpet. Yeah sucks doesn't it. Chin up, something will turn up soon.
                              When Gold isn't enough, there is SA Gold! New to the forum and find the UE route a bit scary? Take a look at my diary here and judge for yourself. I am now saving the money each month that was making little difference to the balance and not a bit of difference to my credit file as a result of finding AAD.


                              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                              Comment

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